Standards of Student Conduct/Honor Code

Harvey Mudd College is an inclusive community of faculty, staff and students. Students entering the community are assumed to have an earnest purpose. Diligent pursuit of this purpose is enhanced by standards of conduct agreed upon by the community. These standards are: thoughtful respect for the rights of others, honesty and integrity in both academic and personal matters, responsible behavior both on and off campus, appropriate use of campus buildings and equipment, and compliance with College regulations.

Any student with visiting guests accepts responsibility for those guests’ behavior, and the guests are responsible for observing the regulations of Harvey Mudd College and other colleges in the Claremont community. Any person who has been invited, either explicitly or implicitly, to one of the colleges in the Claremont community by a member of ASHMC is defined to be a guest of that member.

When students visit another Claremont College, they are responsible for observing the regulations of both that college and Harvey Mudd College. Students are reminded that they are at all times subject to federal, state and local laws. Students believed to violate these standards of conduct shall be reported to the Judiciary Board or Disciplinary Board chair who will initiate the procedures stated in Section VI of the Standards of Student Conduct. Sanctions or penalties of varying degrees of severity, including expulsion from the College, may be imposed.

  1. Judicial System

    1. The judicial system is composed of the Judiciary Board, the Disciplinary Board and the Appeals Board. The first two boards are charged with the adjudication of alleged violations of the Honor Code or Disciplinary Code respectively. The Appeals Board is empowered to affirm or amend any decision of the other two boards. The faculty and staff express their confidence in the system by agreeing to report all cases of suspected misconduct to one of the chairs. In the event that the two chairs decide that a case is not within either jurisdiction, the Judiciary Board chair will refer the matter to the Dean of Students or any other appropriate person(s) after informing the reporting party.
    2. No person may be twice put at risk of punishment for the same offense, unless the Appeals Board has referred the case back to the original body for rehearing.
    3. The faculty, staff and students agree to accept all findings of guilt or innocence by these boards, except in the case that there are grounds for appeal. Penalties imposed by these boards may range from warnings to recommendations to the Dean of Students Office for suspension or expulsion. The most severe penalties of withdrawal from a course, on-record probation, suspension or expulsion must be recommended to the Dean of Students for review and implementation.
    4. All findings of guilt or innocence by the Appeals Board are final.
  2. Honor Code

    1. The Honor Code states: Each member of ASHMC is responsible for maintaining his or her integrity and the integrity of the College community in all academic matters and in all affairs concerning the community.
    2. Any member of the Harvey Mudd College community who commits an Honor Code violation shall self-report to one of the chairs.
    3. Any member of the Harvey Mudd College community who observes an Honor Code violation shall report the violation to one of the chairs stating the offense and the names of all parties involved.
    4. The Judiciary Board chair shall be in charge of Honor code violations and other duties as specified in Section IX. If the Judiciary Board chair is accused or is otherwise unable to carry out his or her duties, members of the community shall report cases to the Disciplinary Board chair, who shall assume the duties of the Judiciary Board chair for the duration of the case. Should both chairs be unable to carry out their duties, members of the community shall report cases to the ASHMC President.
  3. Disciplinary Code

    1. The Disciplinary Code states: Each member of ASHMC is responsible for observing all nonacademic College rules and regulations, including those related to College property.
    2. Any member of the Harvey Mudd College community who commits a Disciplinary Code violation shall self-report to one of the chairs.
    3. Any member of the Harvey Mudd College community who observes a Disciplinary Code violation shall report the violation to one of the chairs stating the offense and the names of all parties involved.
    4. The Disciplinary Board chair shall be in charge of Disciplinary Code violations and other duties as specified in Section IX. If the Disciplinary Board chair is accused or is otherwise unable to carry out his or her duties, members of the community shall report cases to the Judiciary Board chair, who shall assume the duties of the Disciplinary Board chair for the duration of the case. Should both chairs be unable to carry out their duties, members of the community shall report cases to the ASHMC President.
  4. Definitions

    1. “Writing” means a written letter or an email.
    2. All times mentioned herein are designed to guide the judiciary process. Minor deviations in these timelines are not grounds for appeal.
    3. A Judiciary Board consists of two representatives of each class represented in the Honor Board (freshmen are only represented in the Honor Board during spring semester) and the Judiciary Board chair.
    4. A Disciplinary Board consists of one junior and one senior member of the Honor Board, two members of the faculty, one member of the College staff, and the Disciplinary Board chair.
    5. Honor Board, Judiciary Board, Disciplinary Board and Appeals Board may also be referred to as HB, JB, DB and AB, respectively.
    6. The “hearing board” refers to either a Judiciary Board or a Disciplinary Board, or a Joint Board, after the voting members have been selected from the Honor Board.
    7. The “nonstudent” members of the Disciplinary Board are designated by the Faculty Executive Committee and the President’s Cabinet. There shall be at least two faculty members and one staff member designated.
    8. “Judiciary Board chair” refers to the acting chair unless otherwise specified.
    9. “Disciplinary Board chair” refers to the acting chair unless otherwise specified.
    10. “The chairs” refers to the Judiciary Board chair and Disciplinary Board chair.
    11. “The Harvey Mudd College Community” consists of current students, faculty and staff members.
  5. Honor Board

    1. Membership and Related Procedures

      The Honor Board shall consist of six student members elected from each of the junior and senior classes and four student members elected from the sophomore class. In addition, four members of the freshman class shall be elected during the fall semester and serve during the spring semester.

    2. Conditions for Eligibility to be an Active Board Member

      1. No person can serve as a member of the Honor Board while on judicial or disciplinary probation.
      2. If a board member is a plaintiff or defendant in a JB, DB or AB case, he or she shall be suspended from the board for the duration of the time the charge is lodged. If a board member is investigating a case when suspended, another board member from the same class will replace him or her as investigator.
  6. Jurisdiction within the Judicial System

    1. Upon receiving either a notice of an alleged violation and a commitment to press charges or a self-report, the chair who receives the self-report or commitment to press charges will determine if there are grounds for an investigation. The chair will then decide which board has the appropriate jurisdiction in the case, discussing this with the other chair if there is any ambiguity. In the event that the violation involves infractions of both the Honor Code and the Disciplinary Code, both a Disciplinary Board and a Judiciary Board will be selected. They will hear the case together, chaired by the Judiciary Board chair. In the event that a joint board hearing is held, the following procedures shall be employed:
      1. Each member of the joint board has one vote. Neither the DB nor the JB chair has a vote.
      2. A three-fourths vote is required to make a verdict. A simple majority is required to make a decision on penalty.
    2. Once a jurisdiction has been determined, the appropriate chair will send a statement to each student member of the Honor Board. This statement will contain:
      1. the charges, with names of all parties withheld. Once the Hearing Board has been selected, the chair will verbally provide the student members of the Hearing Board with the names of the plaintiff(s) and defendant(s) and ask if any student Hearing Board member wishes to be disqualified from the case.
      2. a declaration of which board the chair(s) feel should hear the case.
      3. a declaration of which board the plaintiff feels should hear the case.
    3. Any board member’s objection to the jurisdiction proposed shall be delivered in writing to both chairs within 48 hours of receipt of the statement.
    4. If no timely objections are received, the case shall be referred to the board proposed by the chairs.
    5. If an objection is received, the student members of the Honor Board shall discuss the jurisdiction. Jurisdiction shall be determined within seven days by a simple majority requiring quorum of two-thirds.
    6. If there is no majority consensus on the proper jurisdiction, a joint board will hear the case as outlined in Section VI.A.
  7. Self-Reporting

    1. All members of the Harvey Mudd College community must report themselves to either the JB or DB chair for violating the Honor or Disciplinary code. By doing so, they agree that they have committed the act for which they are self-reporting and that the act is a violation of the applicable code. The person who self-reports shall be referred to as the defendant.
    2. After a person has self-reported, the chairs and board will proceed with the case according to the procedures outlined in Sections VI (Jurisdiction), IX (Joint JB and DB Regulations), and X (Appeals).
    3. If the chair is advised that a person (or group of people) has committed a violation but no one has agreed to press, charges that chair shall encourage the reporting party to either act as a plaintiff or tell the involved person(s) to self-report. It is not the board’s or chairs’ responsibility to elicit self-reports from members of the student body.
  8. Judiciary and Disciplinary Boards

    1. The Judiciary Board shall judge alleged violations of the Honor Code, the ASHMC Constitution, ASHMC rules and regulations and any solely student-established dormitory regulation.
    2. The Disciplinary Board shall judge alleged violations of the Disciplinary Code.
    3. Selection of a Board and Related Procedures
      1. For a Judiciary Board hearing, the Judiciary Board chair selects from the Honor Board two representatives of each the sophomore, junior and senior classes in the fall to compose the hearing board, and one member to act as recorder. In the spring, the Judiciary Board chair selects two representatives from the freshman, sophomore, junior and senior classes to compose the hearing board, and one member to act as recorder. For a Disciplinary Board hearing, the Disciplinary Board chair selects from the Honor Board one representative from each of the junior and senior classes and one member to act as recorder. The Chair of the Faculty will identify two faculty members in consultation with the Dean of Faculty. The staff member will be designated by the President’s Cabinet. In both cases, each member shall have one vote except the chair and the recorder who shall have no vote. The President of the College, the Dean of Faculty, and all members of the Dean of Students staff shall be ineligible for any positions on the board.
      2. The appropriate chair shall preside at hearing board meetings and oversee the presentation of the case to the hearing board.
      3. The defendant(s) or plaintiff(s) may raise objections to any hearing board member and ask for him or her to be disqualified.
      4. Hearing board members may ask that they themselves be disqualified if they feel they have a conflict of interest or if they feel they should not participate due to some other circumstance.
      5. All hearing board members must be present for any official action. If a member is disqualified, the chair shall find a replacement from the remaining Honor Board members of that class, or, if an Honor Board member from the disqualified member’s class is not available, from the member’s constituency. If a member is unable to attend, he or she shall select a proxy from the remaining Honor Board members; if one is not available, a proxy shall be selected from that representative’s class. The chair must also select faculty and staff replacements from the appropriate lists, or, if a member of the appropriate list is not available, from the member’s constituency.
      6. A member’s failure to attend a Judiciary Board meeting without a valid excuse, as determined by the hearing board, shall be reviewed by the hearing board. Any action felt necessary by the board shall be taken.
      7. In all cases where a majority vote of the board is required, a majority of all members, including abstentions, is required.
  9. Joint JB and DB Regulations

    The following regulations pertain to both JB and DB cases.

    1. Determination of Hearing

      1. Once the proper jurisdiction has been determined as described in Section VI, the appropriate chair will determine if the case should immediately proceed to a hearing. The chair must make this determination within 48 hours of the determination of jurisdiction.
      2. If the chair did not receive a self-report, but instead a commitment to press charges from a member of the community, then the chair shall immediately initiate the hearing process.
      3. If the chair received a self-report, but the chair determines that the defendant has previous Judiciary Board and/or Disciplinary Board violations or penalties relevant to the new case, then the chair shall immediately initiate the hearing process.
      4. If the chair received a self-report, and the chair determines that the defendant does not have any previous violations or penalties relevant to the new case, then the chair has the option of pursuing an out-of-court settlement prior to initiating the hearing process.
      5. If the case pertains to multiple defendants, only some of whom are eligible for an out-of-court settlement as described above, then the chair may split the case into several distinct cases as necessary.
    2. Out-of-court Settlements

      1. If the chair decides to pursue an out-of-court settlement as described in Section IX.A.4, then the chair shall notify the defendant(s) of this decision and outline the out-of-court settlement procedure.
      2. The defendant(s), within 48 hours of receiving notice from the chair, shall designate his or her choice for an advocate from among the elected junior and senior class members of the board. If the defendant(s) does not pick an investigator within 48 hours, the chair shall select an advocate from the junior or senior classes at that time.
      3. The advocate is responsible for ensuring that the defendant(s) is aware of his or her rights and responsibilities throughout the judicial process. The advocate shall be made aware of prior cases and procedures in order to most effectively make the defendant(s) aware of the equitability of any settlement or procedural decision. The advocate may be present at any meeting that the defendant(s) attends regarding the case, if his or her presence is desired by the defendant(s).
      4. The chair shall draft an out-of-court settlement to which the defendant(s) agrees. Any out-of-court settlement shall be mindful of precedent and shall respect the rights of the defendant(s). The out-of-court settlement must be signed or given electronic approval by the defendant(s) and the chair within seven days of the notification of the defendant(s). If an out-of-court settlement is reached prior to a hearing, then there will be no hearing on the case.
      5. If, seven days following the notification of the defendant(s), an out-of-court settlement has not been reached, then the chair shall initiate the hearing process and proceed according to Section IX.C.
      6. If at any time the chair feels that an out-of-court settlement cannot be reached, the chair may initiate the hearing process. The defendant(s) may at any time request that the hearing process be initiated. The chair must initiate the hearing process within 24 hours of receiving this request.
    3. Initiation of Hearing

      1. The hearing process is initiated when a chair initiates the hearing process, as described in Sections IX.A and IX.B.
      2. The chair shall notify the board of the case, preserving the anonymity of all parties, and ask if any board members wish to be disqualified from the case. Once a hearing board has been selected, the chair will verbally provide the student members of the hearing board with the names of the plaintiff(s) and defendant(s) and ask if any student hearing board member wishes to be disqualified from the case.
      3. The chair notifies the defendant(s) and plaintiff(s) in writing of the specific charges and possible penalties. This should take place within 48 hours of the plaintiff’s commitment to press charges, or the defendant’s self report. The chair should include a list of all members eligible for selection as investigators, advocates, or members of the hearing board.
      4. The defendant(s), within 48 hours of receiving notice from the chair, designates his or her choice for an investigator from among the elected junior and senior class members of the board. The defendant(s) also designates his or her choice of an advocate from among the elected junior and senior class members of the board, unless an advocate has already been selected per the procedure in Section IX.B.2. The advocate and the investigator may not be the same person. At this time the defendant(s) must also request the disqualification of any board member(s) to whom he or she objects.
      5. The plaintiff(s), when relevant, shall also request the disqualification of any board member(s) to whom he or she objects within 48 hours of receiving notice from the chair.
      6. The chair, within 48 hours of the defendant’s designation of an investigator, shall select a second investigator so as to ensure one junior and one senior investigator. If the defendant(s) does not pick an investigator within 48 hours, the chair shall select both investigators, one from each class. If an advocate has not yet been selected for the defendant(s), the chair shall also select an advocate from the junior or senior classes at that time. The advocate may not be one of the investigators for the case, nor will either the advocate or the investigators be eligible to serve on the hearing board for the case.
      7. The responsibilities of the advocate are outlined in Section IX.B.3. Additionally, the advocate may serve as the defendant’s advisor in the event of a hearing, as described in Section IX.D.2.b.
      8. Within seven days of notifying the defendant(s), the investigators shall set a hearing date in conjunction with the chair. The hearing date shall not be fewer than seven nor more than 21 days, excluding vacation and final exam periods, after the defendant has received written notice of the charges and possible penalties, unless an earlier or later time is otherwise agreed upon by the plaintiff(s), the defendant(s) and the chair.
      9. The team of student investigators is responsible for investigating the charges, getting statements from witnesses and presenting materials to the board to present their views of the alleged violation(s).
      10. If the investigators feel that there is insufficient evidence to proceed, they must present an argument for dismissal to the Honor Board, which will then vote to dismiss the case. A three-fourths majority is required to dismiss the case.
      11. In the case of a self-report, the investigators must present the defendant and chair with the formal charges, as they will be presented to the hearing body, no fewer than seven days prior to the hearing date, unless a settlement has been reached and signed.
      12. Any written statements from investigators, witnesses, plaintiff(s), or defendant(s) shall be made available to the chair at least 72 hours before the hearing and shall be made available to all plaintiff(s) and defendant(s) at least 48 hours before the hearing.
      13. At any time before the hearing, the investigators may negotiate an out-of-court settlement between the plaintiff(s) and the defendant(s). In the case of a self-report, the settlement is instead reached between the defendant(s) and the investigators. If the defendant has previous Judiciary Board and/or Disciplinary Board violations or penalties relevant to the case, then an out-of-court settlement shall not be reached. Any out-of-court settlement agreements must be signed by all plaintiffs, defendants, and investigators and delivered to the appropriate chair within three days of the time when the settlement was reached. If an out-of-court settlement is reached prior to a hearing, then there will be no hearing on the case.
    4. Conduct of Judiciary Board and Disciplinary Board Hearings

      1. All involved parties shall be heard. The burden of proof that a violation has occurred shall be based on “clear and convincing” evidence. In the case of self-reports, the burden of proof rests upon the investigators who are responsible for presenting their views of the alleged violations to the hearing board.
      2. The hearing board shall use “clear and convincing” evidence as the burden of proof during a hearing. “Clear and convincing” evidence is more rigorous than “preponderance of evidence” but less rigorous than “beyond a reasonable doubt.” Thus, the evidence must be prevailing and persuasive.
      3. General Procedures
        1. The chair shall appoint a recorder to take notes during the hearing and shall see that an audio or video record be made of the hearing. The recorder shall be approved by a majority of the board (prior to the hearing) and shall neither have a vote nor be present for deliberations.
        2. Neither the defendant(s) nor the plaintiff(s) shall have legal counsel, but an advisor, drawn from the Harvey Mudd College community, shall be allowed. The defendant(s) may call upon their advocate as his or her advisor for the hearing, or he or she may select a different advisor from the community.
        3. Each member shall have one vote. The chair, investigators and recorder shall have no vote.
        4. The board shall keep in mind the rights of students as outlined in the Student Handbook. The admissibility of evidence shall follow the standards outlined in Section IX. E.1.
        5. Procedural decisions on the hearing will be made by the chair, unless overruled by a simple majority of the board.
        6. All defendant(s), plaintiff(s), and board members must be present at the hearing. Failure to attend a hearing without a valid excuse, as determined by the board, shall be reviewed by the hearing board. Any action felt necessary by the board shall be taken.
        7. The formal hearing shall be closed unless mutually agreed upon by the defendant(s), the plaintiff(s), and the chair of the hearing board. Deliberations shall be closed.
        8. The hearing may be recessed and continued by a majority vote of the board.
        9. Any witnesses who cannot attend the hearing may submit written statements.
      4. Chronology of Hearing
        1. The chair shall outline the order of hearing procedures for the participants and summarizes the charges. The defendant(s) may enter a plea at that time.
        2. The investigators shall provide an uninterrupted joint summary of the events related to the alleged violation.
        3. Each plaintiff(s) shall be allowed to make an uninterrupted statement of the events.
        4. Each defendant(s) shall be allowed to make an uninterrupted statement of the events.
        5. The plaintiff(s) may call witnesses to make their statements.
        6. The defendant(s) may call witnesses to make their statements.
        7. After each witness has presented testimony, he or she may be questioned by any participant in the hearing.
        8. The defendant(s) may question the plaintiff(s), and the plaintiff(s) may question the defendant(s).
        9. The defendant(s) may make a closing statement, which may include a suggested penalty.
        10. The plaintiff(s) may make a closing statement, which may include a suggested penalty.
        11. When the board, the defendant(s), and the plaintiff(s) have no further questions or remarks, all non-board members and the recorder shall be excused
    5. Deliberations

      1. The board shall consider all admissible materials presented during the hearing. The board shall accord to such materials any weight as it shall determine based upon the character of the materials and the manner in which they were obtained. No new facts regarding the present suspected violation may be introduced during deliberations.
        1. Materials must be received by the chair no fewer than 72 hours before the hearing to be admissible.
        2. Admissible materials must pertain directly to the charges in question. Evidence of prior offences or suspected offences as well as anonymous testimony and hearsay are not admissible unless such evidence pertains directly to the current charges.
        3. The chairs have the final discretion over the admissibility of evidence. In the event the chairs disagree, the chair presiding over the hearing has the final say.
      2. If the board requires a clarification of the record of the formal hearing, the appointed recorder may be consulted. All deliberations must be temporarily suspended during that time.
      3. Agreement of three-fourths of the voting members of the hearing board shall be required to find the defendant guilty of a violation. This means five of six Judiciary Board members in the fall and, in the spring, after freshman representatives have been elected, six of eight. This always means four of five Disciplinary Board members.
      4. If a guilty verdict is reached, the chair shall inform the board of any prior Judiciary Board and/or Disciplinary Board violations and penalties on the defendant’s record to be used in determining penalties in the current incident. The chair shall also inform the board of penalties given in similar incidents.
      5. Penalty shall be set by a simple majority of the board, except in the case of a joint hearing.
      6. The board agrees that all information from the deliberation period, except the verdict and the penalty, shall be confidential.
    6. Definitions Related to Probation Penalties

      1. The “appropriate board” means the board under which jurisdiction is granted under Section VI of the Standards of Student Conduct.
      2. Should a student commit an infraction for which he or she is already on probation, that student will be punished in accordance of the terms of the probation. Whether or not a student has committed an infraction of a given policy will be determined by the appropriate board. If the hearing board finds that a probation has been violated, then the board must comply with the terms of the probation.
      3. If a student’s probation is unclear to that student, then he or she may request a definition from the chair of the board under which the probation was given. This definition will serve as a general guideline for the student under probation and for the Honor Board. However, this definition will be nonbinding, as the final determination of whether the probation was violated will be made by the appropriate board in the event of an alleged violation, though it will be brought into consideration during such proceedings.
      4. In the case of alcohol probation, whether or not the student is 21 will not be a factor in judging if an infraction of the alcohol policy of the College has occurred. If it is found that a student is on alcohol probation, then drinking to excess is grounds for an infraction of that student’s probation. A student will be considered to have drunk to excess if any or all of the following conditions have been met.
        • Emergency services have been contacted because of the student’s level of intoxication.
        • Any person contacts Campus Safety with a reasonable concern about a student’s level of intoxication.
        • Any person contacts Campus Safety with a reasonable concern about the behavior of a student who is intoxicated.
        • The appropriate board finds that the defendant had drunk to excess based on evidence and/or testimony.

        Whether or not a concern is reasonable will be up to the appropriate board. Students 21 or over on probation will be allowed to drink in moderation; however, because consuming alcohol in public is a violation of Title 9, Chapter III, Section 9.23 of the Claremont Municipal Code, whether or not an infraction has occurred for this specific violation will be dependent of age.

      5. In the case of fire probation, an infraction will have occurred if a student is on fire probation and is found to have participated in an act that resulted in a violation of the fire code or related College policy.
      6. All of the preceding will apply to any standing or future probations, unless otherwise noted in the settlement or sentence given to the student to which a probation will apply.
    7. Reporting Findings

      1. The recorder shall prepare a confidential one-page summary of the case including the charges, general hearing proceedings (including anything of note), and the findings, within 10 days of the hearing. The recorder’s report, a copy of all evidence presented, the majority opinion, and the audio or video recording shall constitute a case file.
      2. The board shall produce a majority opinion of the case and deliver it to the chair within seven days of reaching a decision. The majority opinion should briefly outline the key factors that the board weighed in making their decision, while preserving the anonymity of all parties. The opinion shall be written up by the most senior student member of the majority, to be determined first by tenure on the honor board and secondly by class standing. The majority opinion should be made available to all members of the Harvey Mudd College community 10 days after the release of the decision except in the case of the appeal.
      3. The chair shall create an anonymized copy of the recorder’s report. The chair shall publicly post the anonymized recorder’s report and the majority opinion within 10 days of the hearing
      4. The defendant(s) shall have the right to review all confidential materials pertaining to the case with the exception of confidential materials pertaining to other cases that were consulted by the chair.
      5. The chair shall transmit copies of the recorder’s report and the majority opinion to the defendant(s) and the plaintiff(s) within three days of the hearing.
      6. If the defendant(s) is found guilty of offenses that compromise the integrity of any elected ASHMC position that he or she holds, then the chair shall meet with the defendant(s) to recommend his or her resignation from the elected position.
      7. A summary of all cases (JB, DB, and AB) during the preceding semester shall be transmitted to the Harvey Mudd College community at the beginning of each semester.
    8. Maintaining Records

      1. The case file shall be retained by the board. These materials shall remain confidential
      2. The case file shall be destroyed five years after the defendant’s graduation or withdrawal from the College. The anonymous written summary and majority decision shall be retained indefinitely.
    9. Interpretation of Constitution

      A Judiciary Board shall interpret any clause of the ASHMC Constitution, as it pertains to any specific situation, within two weeks (excluding vacation and final exam periods) of receiving a request to do so by any member of the
      Harvey Mudd College community.

    10. Interpretation of College Rules and Regulations

      A Disciplinary Board shall interpret any clause of non-academic College rules and regulations, as it pertains to any specific situation, within two weeks (excluding vacation and final exam periods) of receiving a request to do so by any member of the Harvey Mudd College community.

  10. Appeals Board

    1. Authority of the Appeals Board

      The Appeals Board is empowered to affirm or amend any decision of the original hearing body.

    2. Right to Appeal

      The right to appeal is granted to the defendant(s), the plaintiff(s), and the College. The appeal must be in writing and must be directed to the chair of the Appeals Board. The appellant(s) must file the appeal within 10 calendar days of the release of the original decision to the appellant(s) by the hearing board, except in the case of new evidence.

    3. Grounds for Appeal

      1. Procedural error: a substantial procedural error, possibly affecting the outcome of the original case, is grounds for appeal.
      2. New evidence: new evidence is grounds for appeal if the appellant can prove that the new evidence could not have reasonably been discovered earlier than it was and might have affected the outcome of the original case. In this event, the Appeals Board will refer the case back to the original hearing body for rehearing.
      3. Unjust punishment: a disparity between the harshness of the penalty imposed and the seriousness of the violation is grounds for appeal in certain limited cases. First, only the more severe penalties of withdrawal from a course, on-record probation, suspension, expulsion, loss of housing privileges, or penalties of similar magnitude may be appealed. Secondly, a review will only be granted if it can be reasonably shown that the penalty imposed was not proportional to the violation.
    4. Appeals Board Composition

      1. The Appeals Board shall be composed of two faculty members, two students and one staff member. The President of the College, the Dean of Faculty and all members of the Dean of Students staff shall be ineligible for any of these positions. No student member of the Appeals Board may be a member of the Honor Board, the JB chair or the DB chair. The Chair of the Faculty will identify two faculty members in consultation with the Dean of Faculty. The staff member will be designated by the President’s Cabinet. No non- student member of the Appeals Board may be a member of the original hearing body for any case heard by the Appeals Board. The student members shall be elected as specified in Article VI, Section 1, Item B of the ASHMC Constitution for one-year terms.
      2. The student member from the senior class will serve as chair unless the board elects another chair by simple majority. The chair shall preside at all meetings and shall be responsible for collecting all necessary documents.
      3. Members of the Appeals Board must disqualify themselves from a case if they feel that they have a particular bias toward any of the parties involved. In this event, they are no longer considered voting members of the board for the remainder of the case. In the event that one or more members are disqualified, members will be replaced from their constituency to allow the board enough members to reach a decision. The disqualified member must select a replacement from their constituency, and the remaining board members must approve the replacement by simple majority.
      4. Multiple appeals for the same case shall only be considered in the event of new evidence. In the event that multiple appeals are filed for the same case, only members of the original hearing board will be disqualified from the Appeals Board. A member of the Appeals Board may sit for more than one appeal of the same case.
    5. Appeals Board Procedures

      1. Upon receiving a statement of appeal, the Appeals Board chair has three days to notify the chair of the original hearing body and the Appeals Board of the appeal. The Appeals Board chair should also ensure that both the plaintiff and the defendant of the original case are aware of the appeal.
      2. The chair of the original hearing body, within three days of the presentation of the statement of appeal, shall submit a written statement to the Appeals Board chair giving the reasons for the original hearing body’s decision. The Appeals Board chair shall transmit this statement to the appellant(s) within two days of receipt.
      3. The appellant(s) will have three days to file a response to the statement from the chair of the original hearing body with the Appeals Board chair.
      4. Within seven days of receiving the appellant’s response, the Appeals Board shall determine whether the above grounds for appeal have been met and whether it will accept the case for review. This decision will be based solely on the written statement of appeal, the written decision of the original hearing body, the statement from its chair, and the appellant’s response to this statement.
      5. If the Appeals Board decides to accept the appeal, the Appeals Board chair shall request in writing a copy of the case file from the original hearing body. The chair of that body has two days to comply with this request.
      6. The Appeals Board shall reach its final decision entirely on the basis of the case file and the written statement of appeal.
      7. Decisions of the board to overturn or otherwise alter a previous decision shall be by vote of four of its five members. All other decisions, including decisions whether or not to accept a case for review, shall be by a vote of three of its five members. If a voting member is absent, the number of votes required shall not change. All decisions made by the Appeals Board must follow the regulations for the Honor Board.
    6. Records

      1. The board shall transmit copies of the Appeals Board’s decision to the defendant(s), the plaintiff(s), the original hearing body, and the Dean of Students.
      2. A summary of the decision, withholding the names of those involved, shall be released by the board to the Harvey Mudd College community. A file of the summaries shall be kept by the board and will be available for examination by members of the Harvey Mudd College community. A permanent file of summaries shall be kept in the Dean of Students Office.
      3. The Dean of Students shall keep a copy of the statement of appeal and all decisions. All records of the appeal and decision, except the anonymous written summary, shall be destroyed five years after the defendant’s graduation or withdrawal from the College.

    Non-Academic Graduation Requirement

    (As of May 2001)
    Once a student has been accused of wrongdoing in a complaint that has been accepted for a hearing by the Judicial Board, the Disciplinary Board, the Appeals Board, the Sexual Harassment Peer Counseling and Grievance Committee or any officer of the College, that student shall not receive a bachelor of science degree* until the complaint has been resolved to the satisfaction** of the appropriate board, committee or officer.

    * A student shall be deemed to have received a degree only after the Chair of the Board of Trustees has conferred the degrees in the annual graduation ceremony; thus, for purposes of this regulation, Board of Trustees approval does not, by itself, constitute the granting of the degree.

    ** ”Resolved to the satisfaction…” shall include satisfying all penalties assessed.